Findlay Personal Injury Lawyer - injury

Ohio work injury addressed by Attorney Dale Emch | Ohio workers' compensation lawyer

Chuck Boyk — Tue, 17 Feb 2009 17:33:00 GMT

Our Ohio workers' compensation attorney Dale Emch discusses Ohio work injuries in his most recent Toledo Blade column, "Legal Briefs." If you or someone you know has been injured on the job, contact our office today for your FREE copy of The Ohio Work Injury Book. General legal questions to be considered in "Legal Briefs" can be sent to Ohio car accident lawyer Dale Emch at demch@charlesboyk-law.com or to 405 Madison Avenue, Suite 1200, Toledo, Ohio 43604.

Dear Dale: Assume someone has a worker's compensation claim with an allowable diagnosis of lumbar radiculopathy along with a psychiatric diagnosis. Can the worker be declared to have reached maximum medical improvement for the back injury and still keep open the psychiatric claim?

Answer: The quick answer is yes.

The worker's compensation system in Ohio is designed to pay for injured workers' medical bills and replace a portion of their wages if the injury renders them unable to work. Sometimes a worker sustains more than one injury and those injuries can resolve at different times.

You referred to maximum medical improvement, which indicates a familiarity with the worker's compensation system. Those folks speak a language that leaves the uninitiated scratching their heads and wondering what was just said. Maximum medical improvement means that the worker's injury is about as good as it's going to get. That doesn't mean the person has completely recovered, just that the doctors believe the person has healed to the extent possible.

Before workers reach maximum medical improvement, they can receive compensation called temporary total disability. (See, it's more lingo. People who spend a lot of time in the worker's compensation world speak in abbreviations like TTD and MMI.) Temporary total disability pays injured workers a portion of their wages while they're recovering. Once they reach maximum medical improvement, workers who haven't fully recovered may be eligible to receive compensation for any permanent injuries.

So, in your scenario, the worker you're speaking about has a back injury and a psychiatric issue related to the workplace accident. If the worker's back has improved to the extent possible - even if recovery isn't 100 percent - that portion of the claim can be resolved. If the accident led to a permanent back problem, the worker would be eligible for a payout based on the percentage of impairment or, if the injury renders the worker unable to gain sustained employment, the worker could receive compensation to replace his or her wages.

A resolution can be reached on the back injury while keeping the psychiatric claim open. If the workplace accident caused psychiatric problems that render the worker unable to work for a period of time, the person could receive temporary total disability. Or, the worker may be able to work, but needs to have any mental health treatment covered.

The worker's compensation system can be confusing at times, but there are resources that provide good information. The state's Web site can get you started. The address is www.ohiobwc.com.

Originally posted at InjuryBoard by Chuck Boyk

Kentucky teen receives settlement after amusement park ride severed her feet | Ohio amusement park injury lawyers

Chuck Boyk — Thu, 22 Jan 2009 11:58:00 GMT

Our Ohio amusement park injury attorneys handle cases where people are injured at amusement parks, and they see how serious these injuries can be. Roller coaster injuries, falls from thrill rides, or injuries caused by workers' unsafe practices can all have devastating consequences.

Kaitlyn Lasitter, a teenager from Kentucky, received a settlement from a Six Flags Amusement Park after her feet were severed during a thrill ride in June 2007. The ride malfunctioned, causing a cable to snap, swing down, and cut off the 13-year-old's feet.

Her parents later sued the Kentucky amusement park for negligence and failure to properly test, inspect, maintain, and operate the ride. The lawsuit states that if the machine operator would have pressed the emergency stop button right away, Kaitlyn probably would have only suffered cuts and scrapes.

Doctors were able to reattach her right foot, but part of her left leg had to amputated. The settlement, which is to be kept confidential, will provide lifetime care for the girl.

If you or someone you know has been injured while at an amusement park, contact our office today for your free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Ohio dog bite lawyer Dale Emch on dog bite injury liability

Chuck Boyk — Wed, 07 Jan 2009 16:38:00 GMT

What do you do if it is your dog that bites someone? Ohio dog bite lawyer Dale Emch discusses the flip side to dog bite injuries in his most recent Legal Briefs column. If you have a general legal question you would like to see addressed, including those on Ohio car accident settlements, Ohio work injury payments, or medical malpractice, contact Dale today at demch@charlesboyk-law.com.

I heard that a dog's owner isn't responsible for a dog bite if the person bitten was trespassing. So, if I was throwing the football around with my son in my backyard and the ball went into my neighbor's yard, would my neighbor be responsible if his dog bit me when I crossed into his yard to pick up the football?

Let me give you some of the basics about Ohio dog bite law before I zero in on your question. Under Ohio law, the owner, keeper, or harborer of a dog is liable for any injuries caused by the dog. It's a very strict rule that can have some harsh results. For instance, if my dog, Simon, ran out in front of a car, causing the driver to swerve off the road and hit a tree, I'd be responsible for the driver's injuries. And that would be true even if a friend was walking Simon for me and he got away when I wasn't in town. The law imposes strict duties on dog owners, including those who have dogs as headstrong as Simon.

Given the number of dog-bite cases our law office handles, I understand why the law has developed in this way. I've represented children who have been scarred for life and adults whose dog-bite injuries have caused them to be hospitalized for days. It would be little solace to those people if the owners could escape liability by saying, "Gee, our dog has never bitten anyone before, so we had no idea this would happen." There's no such thing as a free bite in the civil arena under Ohio law.

That said, people owning or keeping dogs do have certain defenses. Under the law, it's a defense if the person who was injured was committing or attempting to commit a criminal trespass, committing or attempting to commit any criminal offense other than a minor misdemeanor, or was teasing, tormenting, or abusing the dog. So, the law includes some common-sense protections for dog owners or keepers in limited circumstances.

The key to your question is whether your neighbor would have a defense because you were considered a trespasser. The Ohio General Assembly amended the law this year to change the defense of trespass to criminal trespass. That could be significant, and I expect the change will be the source of some legal wrangling over the next few years. Prior to the change in the law, a number of courts ruled that the trespass defense was available to dog owners whether the trespass was civil or criminal.

It sounds like a small thing, but it could be crucial in a lot of cases. The distinction lies in the difference between a criminal and civil trespass. Boiled down, someone commits a criminal trespass when they knowingly enter the land or premises of another - without privilege to do so - or remain on the land or premises after receiving notice in some form that they're on someone else's property. While there's more to the criminal code section dealing with trespass, that's the general gist.

For the purposes of a civil trespass, on the other hand, it doesn't matter whether the trespasser knew or received notice he was trespassing.

So, let's look at the distinction using the framework of your question. Let's say you had to jump a fence to get into your neighbor's backyard to retrieve the football. It would be hard to say that you didn't commit a criminal trespass because you knowingly entered your neighbor's property.

Let's look at a different scenario. Let's say you were playing football on someone else's property and you had no idea where the property line was. If you inadvertently crossed the property line and the property owner's dog bit you, I would argue that you hadn't committed a criminal trespass and the dog owner would be liable. Under the old version of the law, it didn't matter whether you knew where the boundary line was for the purposes of a civil trespass. If you were bitten on someone else's property and you had no privilege to be there, you were out of luck, at least for purposes of pursuing your claim under the state statute.

As an aside, the concept of privilege is important here. For instance, a letter carrier has the right to enter your property to deliver mail. So the trespass defense wouldn't apply. Or, in your scenario, if your neighbor had seen the ball go over the fence and waved you over to come get it, you wouldn't be a trespasser.

Originally posted at InjuryBoard by Chuck Boyk

ATV accidents can cause serious personal injury, wrongful death

Chuck Boyk — Tue, 11 Nov 2008 15:45:00 GMT

The Yamaha Rhino’s high center of gravity and narrow wheelbase makes it tip easily, which can lead to ATV rollover accidents. The rollbar and seatbelts do nothing to protect the lower legs, which can be ejected during a tip or roll.

Injuries from an ATV accident can include broken arms or legs, including hands and feet. Often during a rollover ATV accident, the driver’s leg becomes pinned under the 1,100-pound ATV, crushing the limb. There have been cases where the injury to the leg leads to amputation.

Children involved in an ATV accident are more likely to suffer wrongful death. Their small bodies cannot control the weight of the ATV, making it easier for them to run into another object, roll the ATV over, or fall off the vehicle.

Severe head wounds are one of many injuries that can happen to kids during ATV accidents. Brain injuries, fractures, and spinal cord injuries can often occur, which could lead to wrongful death.

If you or someone you love has been injured in an ATV accident, order your FREE copy of The Ohio Accident Book to learn your rights. Contact our office today for your free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Yamaha Rhino investigated after ATV accidents

Chuck Boyk — Thu, 06 Nov 2008 16:40:11 GMT

Our Toledo, Ohio ATV accident lawyers have seen firsthand the types of injuries that ATV accidents can cause, as well as how those personal injuries can affect a family.

The Wall Street Journal recently reported that the U.S. government is investigating all-terrain-like vehicles, or ATVs, after numerous reports of ATV accidents have surfaced.

In this first segment on ATV accidents, our Toledo, Ohio ATV accident attorneys will address how these accidents happen. Yamaha Rhino accidents, which seem to occur most often, can happen even when a driver is not driving recklessly.

Yamaha Rhinos are tall and have a narrow wheelbase, making it more likely that they will tip over during a turn. Even people who were wearing a helmet and using the factory-installed seatbelt suffered injuries from Yamaha Rhino ATV accidents. The types of injuries that a person can suffer will be discussed in our next blog, “ATV accidents, Yamaha Rhino accidents under scrutiny by U.S. government – Part II.”

Turning quickly, or riding up or down a hill at an angle can cause an ATV to rollover. Until 2008, Yamaha Rhinos were not equipped with doors. If a driver felt the ATV starting to tip, many times they would stick their leg out to prevent a rollover, since there was nothing to keep their legs inside the vehicle. Even seatbelted drivers would have their legs pinned under the 1,100-pound ATV.

If you or someone you know has suffered injuries from an ATV accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and can provide you with a free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Final tips to prevent pedestrian car accidents this Halloween

Chuck Boyk — Tue, 28 Oct 2008 10:45:06 GMT

Our Toledo, Ohio car accident lawyers urge parents to be extra careful when taking their kids trick-or-treating on Halloween, and encourage the children to also be cautious. Prevent pedestrian car accidents by following these tips:

• Carry a flashlight.

The more noticeable you make yourself to cars, the better. Carrying a flashlight will not only help you to see where you are going, it will also help drivers to see you. In the event of an emergency, a flashlight could also aid in signaling for help.

• Wear costumes that fit properly, including appropriate shoes.

Costumes should fit snuggly, with no hanging fabric or objects. Loose material can cause a trick-or-treater to trip and fall. Durable, no-slip shoes should also be worn for the same reason, even if they don't match your costume.

• Plan your route

Following these tips can help keep Halloween fun and injury free, but encourage your kids to also be smart if they are old enough to trick-or-treat without a parent. Here are a few common-sense guidelines: Never enter a stranger's house without a parent, no matter what reason the owner gives you. Wear a watch to keep track of the time, and check in regularly to let parents know you're safe. Never walk alone. Staying in a group will ensure that at least one person can help you if something happens. Remember, if something seems suspicious, trust your judgment. Leave the area and tell a responsible adult about it.

If you or someone you know has been injured in a car accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Contact our office today for a free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Wood County jury awards $1.25 million to trucking accident victim

Chuck Boyk — Mon, 06 Oct 2008 10:02:00 GMT

A jury in Wood County awarded $1.25 to a truck driver who suffered personal injury and had to have his leg amputated after a trucking accident.

On April 21, 2002, a client our Toledo, Ohio truck accident attorneys, Sean McMahon, an over-the-road trucker, was parked late at night at the Stony Ridge truck stop in Wood County. He left his truck and observed a fight between one truck driver in the parking lot and another truck driver who was within his tractor-trailer. The truck driver behind the wheel lunged his truck forward, and knocked the other trucker to the ground. Our client noticed that downed trucker was in the path of the trailer and managed to push him to safety. Unfortunately, at the same time, the trailer ran over Mr. McMahon’s lower right leg. The trucking accident ultimately caused his leg amputation.

Read “Jury Awards Trucking Accident Victim $1.25 million – Part II” to learn more about the liability surrounding the trucking company who employed the at-fault driver, and the appeal that brought Mr. McMahon the justice he deserved.

If you or someone you know has suffered personal injury from a trucking accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. If you suffered personal injury while working as a truck driver, you can also order a FREE copy of The Ohio Work Injury Book. Contact our office today for a free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Toledo, Ohio personal injury attorney gives answers to general legal questions

Chuck Boyk — Fri, 26 Sep 2008 08:24:00 GMT

Toledo, Ohio personal injury attorney Dale Emch answers general legal questions in his Toledo Blade “Legal Briefs” column. Attorney Emch answers questions on all topics, including those on car accidents, dog bites, and wrongful death.

Dear Dale: My sister has been living with a guy for about three years. She has recently been trying to get him to leave because he has become verbally abusive and sometimes destructive, but he refuses. I would think that being abusive, which her neighbors
Answer: My initial take on this situation is that your sister probably can throw the guy out as long as some provision is made for him to retrieve his belongings.

But your question doesn’t address a few key details, so I’ll try to deal with the “what-ifs” in hopes they’ll be helpful to you or other readers. My main concern about booting the guy out and changing the locks would be if he can be construed to be a tenant who is renting from your sister. If he’s the type of guy who would push the matter on a legal front, it could be a hassle for her to get him out.

In Ohio, a tenant is someone entitled by a rental agreement to use and occupy a residence. A rental agreement can be written or oral. A tenant can be evicted in certain situations, but those evictions have to follow rules spelled out under the law.

For instance, a tenant can be evicted for such things as not paying rent or for holding over past the term of the lease agreement. In that event, the landlord must give the tenant proper notice that he’s being asked to leave and that his eviction could be sought. A complaint would then have to be filed in court and a hearing would be held.

Rental agreements also can be terminated without evictions. For instance, a landlord renting to a tenant on a month-to-month basis without a lease can end the agreement by giving the tenant a month’s notice that he has to move.

So, what does that mean for your sister? It really depends on what their agreement was when he moved in. If they formally agreed that he would pay a set amount of money each month to live there, he’d have an argument that he was a tenant. In that case, to be safe legally, she could give him a 30-day written notice that he must leave.

I’m guessing, though, that they didn’t have a formal agreement. If that’s the case, I don’t think he’d be a tenant under Ohio law, and therefore wouldn’t be entitled to the protections available under the law. He’d be no different than a guest, and his refusal to leave would be a trespass. If that’s the situation, my view is that she can kick the guy out today, change the locks, and make his belongings available to him somehow.

The problem is that in these situations there’s always a rub between the legal and the practical. It’s simply bizarre that your sister has told the guy to get out, but he won’t. He may be the type of guy who is going to make things ugly or messy before she can finally get him out the door, regardless of whether the law is on her side. If he has no rental agreement with her, she should ask him to leave again in front of witnesses, and if he doesn’t, she should call the police.

If he is paying rent and he won’t leave after getting written notice, have your sister contact a lawyer who deals with property-law issues so the process can be done in a legally proper way.

Originally posted at InjuryBoard by Chuck Boyk

Are you financially responsible for damages caused by your minor child?

Chuck Boyk — Tue, 16 Sep 2008 17:37:00 GMT

What do you do if your minor child has committed a crime? Can you be held responsible for his actions? Are you financially liable for any damages his crime might have caused?

Toledo, Ohio dog bite attorney Dale Emch addresses these tough question in his Toledo Blade “Legal Briefs” column. If you have a general legal question on topics such as car accidents, dog bites, or workers’ compensation, send them to Attorney Dale Emch. Attorney Emch may also consider the question for his bi-weekly column.

Dear Dale: My 4-year-old daughter told us recently that a 13-year-old boy touched her inappropriately. We called the police and took her to the hospital for an exam. I want to know what our legal options are. I want the boy's parents to pay for her medical treatment and I'd like to know if I can sue them for his actions.

Answer: I think you're going to have to watch where the criminal investigation goes before you start exploring any civil remedies you might have. My gut feeling is that a civil suit ultimately will be a waste of your time and emotional energy.

Under judge-made law, parents can be held liable for the wrongful acts of their minor children in limited circumstances. Parents can be on the hook for their child's actions when they negligently entrust the child with something like a car or a gun when the child's immaturity or inexperience makes them a danger to others.

Parents also can be liable when they don't exercise reasonable control over their child even though they knew or should have known that their child probably would injure someone in a particular circumstance.

And, if a parent consents to a child's wrongdoing, directs it, or allows it, the parent can be held responsible for any injuries caused by the child.

The Ohio Revised Code also has a section that allows parents to be held liable for a minor child's willful and malicious assault by force likely to cause great bodily harm. Under that section, the parent's liability is limited to $10,000 and the cost to bring the suit.

In your situation, I think you're going to have to wait for the criminal investigation to conclude to see if the police determine that the sexual molestation occurred and, if so, if the evidence is sufficient to prove it. I won't get into the difficulty of proving a case like this, especially with a 4-year-old victim, but it probably wouldn't be easy unless the boy confessed or there's DNA evidence.

Given the legal standard for a civil case, I think the only way you could hold the parents liable is if you could show that the boy's parents knew he had previously committed this type of act and, despite that knowledge, they still left him unsupervised around little kids. In that scenario, you might have a viable claim against the parents.

But, even assuming the investigation reveals that information, it still might not be worth pursuing a civil claim. The parents' homeowner's or renter's insurance would not cover them for this kind of intentional criminal act. That means that you would have to pursue the parents' personal assets, which, in most situations, probably wouldn't be that significant. That's not always the case - the personal injury attorneys in our office have sued people without insurance coverage who have injured our clients, but it's rare.

You also have the option of suing the boy. You could get a judgment against him and force him to start paying on it when he enters the workforce, but you're not going to find many attorneys who would take that case.

Regardless of whether you could or should pursue a lawsuit, it might be worth your time to talk to the boy's parents. I'm guessing that if they're convinced their son molested your daughter, they'd be willing to pay for any medical treatment or counseling that she required.

Originally posted at InjuryBoard by Chuck Boyk

Lucas County Dog Warden is backed by Toledo, Ohio dog bite attorneys

Chuck Boyk — Fri, 12 Sep 2008 22:45:00 GMT

Our Toledo, Ohio dog bite attorneys wrote The Ohio Dog Bite Book, which outlines what you should do in the event of an Ohio dog bite. If you or someone you know has suffered from a dog bite, it is important know the proper steps to take. Seek medical treatment immediately, and take photos of the injury. If an insurance company contacts you, do not make any statements or sign any medical authorizations before consulting an attorney.

But one of the most important tips in The Ohio Dog Bite Book is to notify the authorities, including your area Dog Warden.

Toledo, Ohio dog bite attorney Dale Emch defends Lucas County Dog Warden Tom Skeldon in his recent Toledo Blade op-ed piece, “Skeldon does his duty, tells it like it is.”

As Dale’s column points out, Tom Skeldon works to prevent dog bites and dog attacks by strongly enforcing Toledo’s pit bull laws. Pit bulls, the only breed classified as vicious in the State of Ohio, can cause serious personal injury to victims. The difference in a pit bull bite is the strength of the dog’s locking jaws and the power that comes from their back legs when pits shake their victims. Mr. Skeldon, as well as our Toledo, Ohio dog bite attorneys, recognize this, which is why we continue to support the Lucas County Dog Warden, and his stance on pit bulls.

To learn more about these tips and what to do in the event of a dog bite, contact our office to order your FREE copy of The Ohio Dog Bite Book.

Originally posted at InjuryBoard by Chuck Boyk